Common use of Indemnity by Landlord Clause in Contracts

Indemnity by Landlord. To the extent permitted by Law, Landlord hereby indemnifies, and agrees to protect, defend and hold Tenant harmless, against any and all actions, claims, demands, liability, costs and expenses, including attorneys’ fees and expenses for the defense thereof, arising from any default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any willful and wrongful act or gross negligence of Landlord, its agents, contractors, servants, employees, customers or invitees, in or about the Premises or the Property or any part of either. In case of any action or proceeding brought against Tenant by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel chosen by Tenant in its reasonable discretion. Tenant reserves the right to settle, compromise or dispose of any and all actions, claims and demands related to the foregoing indemnity. The foregoing indemnity shall not apply to or operate to relieve Tenant of liability to the extent such liability is caused by the grossly negligent or willful and wrongful act of Tenant. Further, the foregoing indemnity is subject to and shall not diminish any waivers in effect in accordance with Section 16.4 by Tenant or its insurers.

Appears in 2 contracts

Samples: Lease Agreement (Transcept Pharmaceuticals Inc), Lease Agreement (Transcept Pharmaceuticals Inc)

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Indemnity by Landlord. To the extent permitted by Law, Landlord hereby indemnifies, and agrees to protect, defend and hold Tenant and its directors, officers and employees (the “Tenant Indemnitees”) harmless, against any and all actions, claims, demands, liability, costs and expenses, including reasonable attorneys’ fees and expenses for the defense thereof, to the extent arising from the undertaking by Landlord of the Landlord Work or repairs to the Premises or the Building, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any willful and wrongful act or gross the active negligence of Landlord, its agents, contractors, servants, contractors and employees, customers or invitees, in or about the Premises or the Property or any part of either. In case of any action or proceeding brought against the Tenant Indemnitees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel chosen by Tenant in its reasonable discretion. Tenant reserves the right to settle, compromise or dispose of any and all actions, claims and demands related to the foregoing indemnityLandlord. The foregoing indemnity shall not apply to or operate to relieve Tenant Indemnitees of liability to the extent such liability is caused by the grossly negligent or willful and wrongful act of TenantTenant Indemnitees. Further, the foregoing indemnity is subject to and shall not diminish any waivers in effect in accordance with Section 16.4 by Tenant or its insurersinsurers to the extent of amounts, if any, paid to Tenant under its “All-Risks” property insurance.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

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Indemnity by Landlord. To the extent permitted by Law, Landlord hereby indemnifies, and agrees to protect, defend and hold Tenant and its directors, officers and employees (the “Tenant Indemnitees”) harmless, against any and all actions, claims, demands, liability, costs and expenses, including reasonable attorneys’ fees and expenses for the defense thereof, to the extent arising from any work or repairs by Landlord to the Premises or the Building, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any willful and wrongful act or gross the active negligence of Landlord, its agents, contractors, servants, contractors and employees, customers or invitees, in or about the Premises or the Property or any part of either. In case of any action or proceeding brought against the Tenant Indemnitees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel chosen by Tenant in its reasonable discretion. Tenant reserves the right to settle, compromise or dispose of any and all actions, claims and demands related to the foregoing indemnityLandlord. The foregoing indemnity shall not apply to or operate to relieve Tenant Indemnitees of liability to the extent such liability is caused by the grossly negligent or willful and wrongful act of TenantTenant Indemnitees. Further, the foregoing indemnity is subject to and shall not diminish any waivers in effect in accordance with Section 16.4 by Tenant or its insurersinsurers to the extent of amounts, if any, paid to Tenant under its “All-Risks” property insurance.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

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